Yellow
Dot Coatings (Pty) Ltd and YDC Revamp (Pty) Ltd
Standard Terms and
Conditions for Project Quotes
These
terms and conditions apply to all quotes issued for painting and renovation,
road marking, and temporary or permanent rope access lifeline installation
services provided by Yellow Dot Coatings (Pty) Ltd and YDC Revamp (Pty) Ltd (the
contractor) unless otherwise indicated in the quote. These terms and conditions
shall govern all transactions irrespective of the invoicing entity.
1. Validity
of Quote
This
quote is valid for 30 days from the date of issue unless otherwise stated on
the quote cover. Prices are based on the information provided and may be
subject to change if the scope of work, site conditions, or material
requirements differ from those specified.
2. Scope
of Work
The
quote covers services as detailed in the accompanying proposal, including:
2.1
Painting and Renovation:
Surface preparation,
application of specified coatings, and agreed-upon renovation tasks (e.g.,
drywall repair, carpentry). The contractor reserves the right to use spray
equipment for painting tasks.
2.2
Road Marking:
Surface preparation,
application of markings using specified materials (e.g., Road Marking Paint, Floor
Enamels, Epoxy paint).
2.3
Temporary or Permanent Rope Access
Lifeline Installation:
Installation of temporary
lifeline systems meeting specified safety standards.
Any
additional work or modifications requested after acceptance will require a
revised quote and written agreement.
3. Pricing
and Payment
3.1
All prices are exclusive of applicable taxes
unless otherwise noted.
3.2
A deposit of 70% is required upon acceptance
of the quote, with the balance due within 14 days of presentation of progress and
or final invoices.
3.3
On projects with a duration exceeding one (1)
calendar month, the deposit is required upon acceptance of the quote. In such
cases, a progress payment structure shall be agreed upon in writing by both
parties prior to the commencement of works. This structure shall outline
milestone-based payments to support project cash flow and ensure financial
clarity throughout the duration of the engagement.
3.4
Where the contractor is engaged as a
subcontractor under a main contractor, and the project is governed by the
Master Builders of South Africa (MBSA) Domestic Subcontract Agreement in
conjunction with the Joint Building Contracts Committee (JBCC) contract, no
special conditions imposed by the main contractor shall form part of this
contract. Payments to the contractor shall strictly adhere to the terms of the
MBSA and JBCC contracts and shall not be contingent upon payments made by the
client to the main contractor.
3.5
Late payments may incur interest at a rate of
1.5% per month or the maximum permitted by law.
3.6
Additional costs due to unforeseen site
conditions (e.g., hidden structural damage, underground utilities),
client-caused delays, or requested changes will be quoted and invoiced
separately.
3.7
All and any accounts are subject to an
account application being completed and accepted by the contractor.
3.8
Unless specifically quoted for by the
Contractor, rates include access equipment and scaffolding for internal working
heights up to 3.5 meters only. All other access equipment or scaffolding must
be provided, erected, and moved by the client, free of charge.
3.9
Rates do not include overtime work. Overtime,
if required, will be subject to additional charges.
3.10
Rates do not include excessive patching to
poor quality plaster work. Additional patching requirements will be subject to
revised rates.
3.11
Rates do not include the use of local labour.
The contractor reserves the right to revise rates if the employment of local
labour is required.
3.12
Quantities specified in the quote are subject
to remeasurement during the project and at the final account stage.
3.13
Any overruns on Preliminaries & General
(P’s & G’s), Living Out Allowances, or transport costs to and from the site
beyond what was quoted may result in additional charges, which will be invoiced
separately.
4. Client
Responsibilities
4.1
The client shall provide safe and
unrestricted access to the work site at agreed times, including necessary
permits, consents, or approvals from relevant authorities (e.g., homeowners’
associations, municipalities, transport departments, or landlords).
4.2
The client must ensure the site is clear of
obstructions (e.g., furniture, debris, personal items) and free of hazards
(e.g., asbestos, electrical hazards, wet surfaces, unstable structures) that
could impede work.
4.3
The client is responsible for notifying the
contractor of any site-specific risks or conditions (e.g., underground
utilities, traffic patterns, structural issues) prior to commencement.
4.4
The client shall provide, free of charge and near
the work area, access to water, 220V electricity, ablution facilities, and a
designated area for the contractor’s site establishment (store).
4.5
The client shall secure all valuables in
occupied areas. Yellow Dot Coatings shall not be responsible for any missing
valuables during the execution of work.
4.6
The client
is responsible for fixtures, fittings, and equipment (FF&E) and should take
necessary precautions to secure them.
5. Safety
and Compliance
5.1
All work will comply with the South African
Occupational Health and Safety Act (OHS Act) and other relevant local
regulations, including:
5.1.1
Painting and Renovation:
Safe handling of materials, proper ventilation and use of low-VOC or
eco-friendly paints where specified.
5.1.2
Road Marking:
Use of reflective, durable materials meeting local Department of Transport or
equivalent standards, with necessary traffic control measures implemented
unless otherwise agreed.
5.1.3
Temporary or Permanent Rope Access
Lifeline Installation: As per quote specifications.
5.2
Rates are based on compliance with standard
safety specifications under the OHS Act. The contractor reserves the right to
charge additional fees should additional safety specifications be required.
5.3
The contractor reserves the right to halt
work if site conditions are deemed unsafe (e.g., adverse weather, heavy
traffic, poor visibility, or structural instability).
5.4
For lifeline systems, the client must ensure
that only trained and competent personnel use the installed systems. No persons
other than certified installers are allowed to change, modify, or move the
lifeline or anchor points at any time. If a fall should occur on any lifeline
or anchor point, it must be reported immediately, and the affected lifeline
must be inspected and re-certified before anyone is permitted to use it again.
6. Cancellations
and Rescheduling
6.1
Cancellations must be made in writing. Fees
for cancellations will be determined based on the notice period and the actual
expenses incurred by the contractor
6.2
The contractor reserves the right to
reschedule work due to unsafe weather conditions, equipment failure, or other
unforeseen circumstances, with reasonable notice provided to the client.
7. Liability
and Insurance
7.1
The contractor maintains general liability
and workers’ compensation insurance as required by law. Proof of insurance is
available upon request.
7.2
The contractor shall not be liable for
indirect, incidental, or consequential damages arising from the services
provided.
7.3
Liability is limited to the total value of
the contract, except where prohibited by law.
7.4
The client assumes responsibility for any
damage or injury resulting from unauthorized alterations to the completed work,
improper use of installed systems, or failure to maintain the site or traffic
control post-completion.
8. Warranty
and Maintenance
8.1 Painting
and Renovation:
Completed work is warranted
against defects in workmanship or materials for 12 months from the date of
completion or as indicated on the manufacturer’s issued product guarantee,
provided the work is maintained under normal conditions. The warranty does not
cover damage due to misuse, environmental factors (e.g., water leaks), or
normal wear and tear. The client is responsible for regular maintenance, such
as cleaning painted surfaces or addressing structural issues.
8.2 Road
Marking and Temporary Rope Access Lifeline Installation:
Completed work is warranted
against defects in workmanship or materials for 90 days from the date of
completion, provided it is used under normal conditions and in accordance with
applicable standards or manufacturer guidelines. The warranty does not cover
damage due to misuse, excessive wear, unauthorized modifications, or
environmental factors (e.g., chemical spills).
8.3 No
manufacturer’s guarantee will be issued unless Yellow Dot Coatings is notified
before painting commences, allowing the manufacturer to inspect the substrate
to ensure it meets guarantee standards.
8.4 The
client is responsible for regular inspections and maintenance to ensure the
longevity and safety of the work, including road markings and lifeline systems,
as per applicable standards.
8.5
The contractor’s liability is limited to the
total value of the contract.
8.6 Any
guarantees offered will only come into effect once the contract is complete and
the contract amount has been paid in full.
8.7 Should
a third party perform any work on our work, any guarantees will be immediately
void.
9. Acceptance
of Terms
9.1
Acceptance of this quote constitutes
agreement to these terms and conditions.
9.2
Any variations to these terms must be agreed
upon in writing by both parties.
10. Force
Majeure
The
contractor shall not be liable for delays or failure to perform due to events
beyond reasonable control, including but not limited to natural disasters,
strikes, or government restrictions.
11. Dispute
Resolution
Any
dispute or difference arising between the parties at any time shall be finally
resolved by arbitration in Johannesburg, South Africa, in accordance with the
Summary Rules of the applicable arbitration body.
